New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 144A

144A Compliance certificate required for certain fire safety aspects of building work

(1) A certifying authority must not issue a construction certificate for building work that involves an alternative solution under the Building Code of Australia in respect of a fire safety requirement unless the certifying authority has obtained or been provided with either or both of the following issued by a fire safety engineer:

(a) a compliance certificate referred to in section 109C (1) (a) (v) of the Act that certifies that the alternative solution complies with the relevant performance requirements of the Building Code of Australia ,

(b) a written report that includes a statement that the alternative solution complies with the relevant performance requirements of the Building Code of Australia .

(2) This clause applies only to building work in respect of:

(a) a class 9a building, as defined in the Building Code of Australia , that is proposed to have a total floor area of 2,000 square metres or more, and

(b) any building (other than a class 9a building) that is proposed to have:

(i) a fire compartment, as defined in the Building Code of Australia , with a total floor area of more than 2,000 square metres, or

(ii) a total floor area of more than 6,000 square metres,

that involves an alternative solution under the Building Code of Australia in respect of the requirements set out in EP1.4, EP2.1, EP2.2, DP4 and DP5 in Volume 1 of that Code.

(4) A fire safety engineer may issue a written report under subclause (1) (b) in respect of an alternative solution prepared by the engineer.